Understanding Divorce in Illinois

Understanding Divorce in Illinois

Understanding the process of divorce in Illinois will help to provide some answers to the many questions you have when considering a dissolution of marriage. If you have made the decision to seek a dissolution of marriage in Illinois, it is helpful to understand family and divorce law in your state. States regulate the laws applied to divorce, much like they enforce laws affecting marriage.

In the State of Illinois, there is no waiting period for a final judgment if the petitioner has been a resident of Illinois for 90 days. Illinois divorce law recognizes the grounds for divorce as no-fault, which simply means that a marriage has reached an irretrievable breakdown. Additional grounds for divorce are a separation of at least two years, willful desertion, addiction issues and domestic violence.

Planning for Divorce in Illinois

Regardless of the reason for the dissolution of marriage, beginning with a plan is key to obtaining the settlement that you deserve as quickly and efficiently as possible. You probably have a lot of questions about the many areas of your life affected by divorce. You’ll want to know how each of these areas is handled when you begin the process of divorce in Illinois.

Planning for Divorce – There is no waiting period to file a petition for divorce in the State of Illinois as long as one of the spouses is a legal resident. There is a fee to file that may be waived for financial hardship reasons.

Division of assets – Assets of the marriage may include:

Home

Vehicles, RVs, boats, motorcycles

Bank accounts, checking and savings

Furniture

Investments, including retirement accounts such as IRAs or 401ks

Pensions

Inheritances

Artwork or other valuable items

Assets acquired during the marriage are considered marital property, regardless of who made more money while married. You’ll need to know how much each asset is worth and any debt owed against it to determine the equity, or value of the asset.

Division of debts – A good place to start is to get a copy of your credit report and make a list of all the debts between you and your spouse. Be sure to continue making any payments on time even if you can only pay the minimum amount so that you don’t ruin your credit.

Spousal maintenance (Alimony) – Spousal support is determined based on the income of both parties. Obtain copies of check stubs, W2s and any other income source for yourself and your spouse.

Child Allocation – Formerly referred to as child custody, Allocation Judgments are required in the State of Illinois with parents allowed to pick and choose which areas they will be responsible for. For example, the mother may be responsible for education decision while the father is responsible for all medical decisions. Parents may also agree to share responsibility in all decision making.

Parenting time – Parenting time replaces the former term of “visitation” and is determined based on several factors considering what is in the best interest of the child.

Child support – Child support laws in Illinois consider the income of both parents, with established guidelines to follow. Child support in Illinois is no longer based on flat percentages, but a number of factors based on what is in the child’s best interest.

How to choose the right divorce attorney – Choosing the right attorney for your divorce in Illinois is an important decision, be sure to start with an attorney that concentrates on family law and has extensive experience with divorce issues that are unique to you.

Anderson & Boback Help You Plan for Divorce in Illinois

Working with a skilled divorce attorney early in the process can drastically reduce your stress level by explaining the divorce process thoroughly so you know what to expect. Anderson & Boback provide the support that you need, helping you through the divorce process every step of the way.

We are dedicated to helping you through your divorce, providing the calm reassurances you need with skilled legal counsel.

Anderson & Boback is highly respected for being dedicated to protecting the rights of our clients with a thoroughly developed plan, aggressive negotiation, and skillful litigation. Contact us today to put your mind and ease and get started on a plan for the successful settlement of your divorce in Illinois.

Meet Our Attorneys

When you need trusted family law counsel and compassionate representation, you can turn to the Law Offices of Anderson & Boback. Our Chicago divorce and family law attorneys bring decades of experience fighting for every client. Included in SuperLawyers and ranked among the top 5% of attorneys. We offer exceptional representation to help you move your life forward.

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What Our clients are saying

Excellent - I highly recommend Kimberly Anderson. She is knowledgeable, assertive, and experienced. What impressed me most about Kim is her dedication. I was able to reach her whenever there was a problem. She always responded immediately, proposed a solution, and put me at ease. The entire legal team at Anderson & Boback is superb.

LisaMarch 29, 2018

Amazing – Mrs. Boback was great, the best decision that I have ever made. Her advice and expertise in my court case was unbelievable, she took care of all my needs and was understanding when helping me deal with a tough time. I would highly recommend her to anyone that is looking for a great lawyer.

JakeMarch 29, 2018

Military Friendly – Jessica was very helpful in taking care of my cases and understood the complications related to my military career. Even when I went out of state for my job she always kept me informed and up to date. Her knowledge of the court system was advantageous in settling my cases in a short amount of time.

RodrigoMarch 26, 2018

Excellent Representation by a Top Professional - I hired Kim to handle a post-divorce modification. Thanks to Kim's no-nonsense approach, caring attitude, experience and dedication to her clients. The process was as swift and efficient as possible. Kim and her staff were attentive and responsive, I highly recommend her and her staff.

BCMarch 23, 2018

She’s a Winner – Nichol was the calmest person in the courtroom; she was very natural and at ease. Nichol can think on her feet and communicate effectively while under pressure. Our opposing attorney was a bully and very dramatic, but Nichol never flinched. She is very compassionate, too, and I hope she never loses that.

RitaMarch 23, 2018

Amazing Divorce Lawyer – Listened to my concerns. Advocated on my behalf and ultimately helped me win custody of my son. As a father it is nearly impossible to win custody. Straight forward, honest, and impeccable character. Would never want her to be opposing counsel. She’s intelligent and is very committed to her clients. I can’t say enough good things about Jessica.

DerekMarch 23, 2018

Referred by friend, very glad she did – I had been through 2 previous attorneys in my case that was approaching 3 years. I left both who were dumbfounded and ill-equipped to provide effective legal strategy and forward thinking. Thank God a good friend referred me to Jan who gave me confidence, stuck to our strategy, executed a direct game plan and came out of a difficult situation with multiple victories. Definitely a must hire for you in your most difficult situations.

MattMarch 23, 2018

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Anderson & Boback is a highly-respected, experienced Chicago family law firm, skilled in negotiation and litigation. When divorce and other family law issues make your life chaotic and uncertain, you want your case resolved as quickly and fairly as possible. Call Now 312-715-0870